Your owners corporation must have an internal dispute resolution process to help its members and people living in the property deal with grievances without resorting to legal action. We suggest following this process before you ask the Dispute Settlement Centre of Victoria (DSCV) to undertake dispute resolution, or before you apply to the Victorian Civil and Administrative Tribunal (VCAT) for a hearing on the matter, as you may be able to get a quick resolution through your owners corporation.
The process should set out:
- who to contact if there is a problem or complaint
- rules detailing the grievance procedure
- directions about where to get information
- how to record the problem or the breach of rules
- how to notify your owners corporation committee or manager of a problem or complaint
- how to raise an issue at an owners corporation or committee meeting
- formal complaint procedures
- how to nominate a third party to help resolve a dispute.
Making a complaint
A lot owner, tenant or manager can make a complaint in writing to the owners corporation using the approved Owners corporation complaint form (Word, 59KB).
If the owners corporation decides to take no action, it must provide the complainant with written reasons.
If the owners corporation decides to take action, it must:
The owners corporation will ask for a written record of facts when it receives a formal complaint. You can use the Issue log sheet - owners corporations (Word, 60KB) to provide this.
A written record is also required if the complaint goes to DSCV or VCAT.
Any complaints and any action taken must be reported to the owners corporation’s annual general meeting. Use the following forms:
The owners corporation must keep records of the complaint for seven years.